McQuaig v. Opympia & York 125 Broad Street Co.

*274Order, Supreme Court, New York County (Norman Ryp, J.), entered October 22, 1996, which, upon plaintiffs motion for re-argument, denied defendants’ motions to preclude plaintiffs claim of violation of 12 NYCRR 23-1.7 (d) and to dismiss the cause of action under Labor Law § 241 (6), unanimously affirmed, without costs.

We assume in defendant’s favor that plaintiffs assertion of 12 NYCRR 23-1.7 (d) as a basis for liability under Labor Law § 241 (6) required court leave (but compare, CPLR 3042 [b], with CPLR 3025 [a], [b]), and affirm what was, in effect, the granting of such leave. Defendants’…